Aeilts maintains that he did not intentionally make false statements to the court, relying on Iowa Supreme Court Attorney Disciplinary Board v. Sobel, 779 N.W.2d 782 (Iowa 2010). The Board must prove the lawyer acted with some level of scienter rather than mere negligence. Iowa Sup. Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. The Board is not a collection agency. Ct. Att'y Disciplinary Bd. Clients, such as A.H. and C.B.W., strongly indicated either in emails, texts, or online reviews how Fisher's neglect or abandonment negatively affected the relationship with their children and their own mental health. The Board is funded entirely by annual registration fees paid by attorneys who are authorized to practice in our state. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD v. AEILTS. On April 27, 2021, the Board filed an ethics complaint against Aeilts alleging that Aeilts violated the following Rules of Professional Conduct: rule 32:8.4(b), based on Aeilts's criminal convictions for malicious prosecution and OWI; rule 32:8.4(c), based on Aeilts's misrepresentations to Officer Donelson concerning Cornelison's threats of physical violence and his separate misrepresentations about his professional experience during his sentencing allocution; and rule 32:8.4(d), based on Aeilts's misrepresentations that subjected Cornelison to criminal charges and his text messages to Robinson, the Assistant Marion County Attorney, related to his OWI charges. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. If you change your address or phone number, let your lawyer know right away. Click here for the Board's current informational brochure. Finally, he certainly should have known the elements of harassment after representing two clients against harassment chargesanother misrepresentation since he told the court that he had never handled a harassment charge. Aeilts's dishonest statements misled the court about his prior criminal work experience. (quoting Iowa Sup. to represent themselves pro se because most of the work was done. All rights reserved. Id. Ct. Att'y Disciplinary Bd. The Board recommends a six-month suspension, while Aeilts asks for thirty days. WebI. v. Axt, 791 N.W.2d 98, 102 (Iowa 2010)). We briefly summarize the commission's factual findings surrounding the ethics violations. There are several present here. Fisher pursued a custody modification action in September and then a termination action in November. Id. See Iowa Sup. Iowa Sup. 2017) (per curiam) (noting inexperience will generally not be a mitigating factor in cases involving dishonesty)). News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. We suspended Wheeler's license for six months. 21-0672 Case No. The Grievance Commission of the Iowa Supreme Court had recommended that the court revoke the Iowa law license of Sioux City lawyer Brien P. OBrien for his long history of disciplinary actions and his more recent neglect of a clients case. Ct. Att'y Disciplinary Bd. As part of its responsibility to supervise lawyers and in the interest of promoting public confidence in the legal system, the Iowa Supreme Court has created procedures for addressing complaints concerning alleged violations of the Rules of Professional Conduct. Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. The fact that some clients were ultimately successful in their legal proceedings does not justify the stress that they endured during the attorneyclient relationship with Fisher. Once the complaint is filed by the ADB, the following procedure then takes place: 2023 Iowa Judicial Branch. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. A one-year suspension would be in line with other attorney disciplinary cases. As my professional statement, I did not know that to be true. 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. Ct. Att'y Disciplinary Bd. The Iowa Supreme Court Attorney Disciplinary Board (Board) charged an Iowa attorney, Scott D. Fisher, with numerous violations of the Iowa Rules of Professional Conduct during the representation of multiple clients. We reject Aeilts's arguments that his misrepresentations to the court were not knowing or intentional but due to his negligence and incompetence. After conducting our review, we agree with the Board and the commission that Aeilts violated all of the alleged rules. 1. WebThe first is the Attorney Disciplinary Board. Ct. Att'y Disciplinary Bd. Cornelison denied making any threats against Aeilts and provided a recording of the conversation as proof. Finally, Aeilts cooperated with the Board, which is a mitigating factor. v. Springer, 904 N.W.2d 589, 597 (Iowa 2017) (quoting Iowa Sup. 21-0774 It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. Others are not. The parties dispute whether Aeilts's conduct during his arrest for OWI violated rule 32:8.4(d) when he sent text messages to Assistant County Attorney Robinson. I had handled maybe two or three OWIs. After the Iowa Supreme Court Attorney Disciplinary Board (Board) filed a complaint against the attorney, the parties reached a stipulation of facts, violations, and sanctions. Aeilts replied he did not but that he was not afraid to testify and informed Donelson that Cornelison had a criminal history. He stopped regularly meeting with a psychiatrist in March 2017 but still takes medication. Please try again. No. Ct. Att'y Disciplinary Bd. at 68283. v. Sporer, 897 N.W.2d 69, 8485 (Iowa 2017). Even if we credited Aeilts's argument that he forgot the details of his practice in the heat of the moment, which we don't, his sloppy or casual misrepresentations during his own sentencing allocution would still violate rule 32:8.4(c) under Ramey. No. Aeilts's assertions that he did not know alleging a threat of bodily harm was an indictable offense and that he did not intend for Cornelison to be charged with an indictable offense are also without merit. When determining whether a lawyer violated rule 43:8.4(c), we focus on whether the effect of the lawyer's conduct is to mislead rather than to inform. Haskovec, 869 N.W.2d at 560. Pursuant to Iowa Court Rule 35.11(2), the Iowa Supreme Court Attorney Disciplinary Board was granted permission to appeal from the findings and recommendations of the Grievance Commission concerning alleged disciplinary rule violations by the respondent attorney. Iowa Sup. Introduction. Iowa Sup. Ct. Att'y Disciplinary Bd. at 36. Complaints about lawyers not paying bills are resolved in the courts of Iowa. On May 21, the commission granted the motion and ordered Fisher to provide documents related to the request within fourteen days of the order. On October 23, 2019, the Board filed its first complaint against Fisher. In August 2016, Haylie Reiter (formerly known as Kelsey Blake) hired Fisher for a custody modification action. Ct. Att'y Disciplinary Bd. Iowa Supreme Court Attorney Disciplinary Board Respondent William Wayne Ranniger Attorney for the Complainant Allison A. Schmidt Attorney for the Respondent John C. Gray Supreme Court Oral Argument Schedule Non-Oral Sep 15, 2022 9:30 AM Supreme Court Opinion Opinion Number: 22-0796 Date Published: Oct 14, 2022 [M]isrepresentation is a serious breach of professional ethics. Id. Expect your lawyer to keep you informed of all important developments. See Iowa Sup. A. Haylie Reiter. v. Muhammad, 935 N.W.2d 24, 38 (Iowa 2019)). Fisher and the Board did not contest the commission's factual findings. It includes one's [moral] character and one's suitability to act as an officer of the court. Id. Id. Get a free directory The entire complaint process is confidential until such time as the Grievance Commission files a report of its findings and a recommendation of public discipline with the Iowa Supreme Court. In Khowassah, we found an attorney violated rule 32:8.4(b) when he committed his second OWI and rule 32:8.4(c) because he kept military leave pay that he was not entitled to receive. See Iowa Sup. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. 32:1.15(c) (withdrawal of fees when earned), 32:1.15(d) (prompt delivery of accounting). Ct. Att'y Disciplinary Bd. Rule 32:8.4(c) bars a lawyer from engag[ing] in conduct involving dishonesty, fraud, deceit, or misrepresentation. Iowa R. Prof'l Conduct 32:8.4(c). Rule 32:8.4(b) prohibits a lawyer from commit[ing] a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects. Iowa R. Prof'l Conduct 32:8.4(b). This could result in a public reprimand or a Court order suspending or revoking the lawyers license. Ct. Att'y Disciplinary Bd. The Rules of Professional Conduct (located at Chapter 32 of the Iowa Court Rules) set forth numerous ethics requirements that apply to all aspects of attorneys practice, from client confidentiality to trial conduct. We reject his insistence that his statements to the court that he was not a criminal attorney and had handled maybe two or three OWIs were inaccurate off-the-cuff statements made in the heat of the moment when he was under stress in response to the prosecution's request for a heavier sentence. Therefore, we agree with the commission's and the Board's recommendations that Aeilts's license should be suspended for six months. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. v. Keele, 795 N.W.2d 507, 50910 (Iowa 2011) (discussing lawyer's prior public reprimand for his convictions of OWI and possession of drug paraphernalia); Cannon, 821 N.W.2d at 88283 (suspending lawyer's license for thirty days for convictions for operating a boat while intoxicated, possession of cocaine, and OWI); Iowa Sup. Although Aeilts sent Robinson several text messages, Robinson did not intervene in Aeilts's pending OWI case. At the time of the facts giving rise to this case, I was not a criminal defense attorney. WebThe first is the Attorney Disciplinary Board. However, because we review attorney disciplinary matters de novo, we address each alleged violation. Get a free directory When assessing whether a lawyer has violated rule 32:8.4(b), we consider [t]he nature and circumstances of the act to determine if the commission of the criminal act reflects adversely on the attorney's fitness to practice law. Iowa Sup. I was not a criminal defense attorney. Ct. Bd. See McGinness, 844 N.W.2d at 46364. If there is any significant delay in receiving money from a lawyer or in getting a complete accounting, a complaint can be filed. Recognizing the potential for someone to not have perfect recollection of an event, we remarked that the inability of a person to accurately recall an event does not necessarily lead to the conclusion that the person's inaccurate recollection is an expression of dishonesty or deceit. Id. An analogous OWI disciplinary case is Iowa Supreme Court Attorney Disciplinary Board v. Khowassah, 837 N.W.2d 649 (Iowa 2013). Most complaints are filed by clients, but this is not a requirement. Iowa Sup. This led to more continuances and an order to show cause against Fisher. The parties agreed that Aeilts violated rule 32:8.4(b) and rule 32:8.4(d) with respect to the Malicious Prosecution charge, but Aeilts argued his actions did not violate rule 32:8.4(c) and his texts to Robinson did not violate rule 32:8.4(d). No. and J.B.W. We review attorney disciplinary proceedings de novo. We must consider any mitigating or aggravating factors before we determine a sanction. Considering Retiring From The Practice of Law? Lawyers must represent their own clients aggressively, and are usually entitled to rely on their clients versions of the facts. Though it is unethical for a lawyer to charge a clearly excessive fee, the Board cannot resolve a fee dispute. The charges involved client neglect, mishandling funds and trust accounts, revealing confidential information of former clients on the internet, false statements, frivolous filings, improperly withdrawing from a case, conduct prejudicial to justice, and failing to cooperate with the Board.
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